Benefits question: re housing help

[NNN20]

Hi all.

Quick question really.

I have the feeling my marriage is over.
Currently on a joint mortgage with money still owed. If we split neither of us could afford to have the home alone nor buy the other out so we'd have to sell. We have 2dc.

I currently work part time which won't be able to change due to dc ages. From what I've read I wouldn't be eligible for a council property due to potential capital I'd eventually have from the home so I'd be looking at private rent. If I'm wrong please correct me.

Does anyone know the following:

If I moved out whilst the house was still on the market whether I'd get any help towards my rent through UC? I realise any claims may cease once I have the capital but in the meantime I wouldn't be able to afford rent without the help.

Thankyou

The capital/ equity in the jointly owned house can be disregarded for 6 months I think as long as you can prove reasonable steps are being taken to sell it. So yes I think you could claim rent element of Uc for that interim period. It would be capped at the LHA for the number of bedrooms you are entitled to.

@Babyroobs thank you.
So if I was to rent a 2 bed even though I'm entitled to 3 would I get the rent allowance for a 3 bed? There are no 3 beds here so I'd turn the front room into my room with a sofa bed and give the kids a room each

Are you sure you're entitled to a 3 bed? Children under 11 have to share - even if they are a different sex.

@purpledinosaur1 yes they are 12 and 6 and different genders

Doh, just realised I've posted under my real name not my name change name. Secrets out now

Oh that's fine. I didn't mean to come across as rude, but a lot of people assume if they have two children each child is entitled to a room.

Yes, look for a large two bed. You could use those big ikea bookcases as a makeshift room divider or even keep the younger one in with you for now.

Keeping the younger one in with me would work as my youngest is a girl I've seen a 2 bed with 2 double bedrooms and a large living space which would definitely work. Though the eldest is saying he would want to stay with his dad if we do split up. I can't see a court agreeing to siblings being split up though, especially as my husband works full time and I'm part time

So sorry you're having to go through this. Let the eldest stay with his Dad for a week! Either Dad will want you to have the eldest back or the eldest will realise its much better with you and will ask to come back! If you've got a large living space store your daughters toys downstairs, then its only clothes you need to find space for in your room. Good luck!

@purpledinosaur1 I'm sad but I think the end is nigh. We've been arguing so much in recent years, have no respect for each other and the digs are so petty. It's a rollercoaster of ok then not and it's a headfuck. I don't want our children growing up thinking this is a normal relationship. And to be honest if a friend said she was experiencing this I'd advise her to leave also.

. I can't see a court agreeing to siblings being split up though, especially as my husband works full time and I'm part time

Do you have the funds to take this matter to court?
The court would most likely say the child at 12/13 is old enough to have a say in their own arrangements. It would be unlikely a court would force a child of this age to live with the other parent

[quote NNN20]@Babyroobs thank you.
So if I was to rent a 2 bed even though I'm entitled to 3 would I get the rent allowance for a 3 bed? There are no 3 beds here so I'd turn the front room into my room with a sofa bed and give the kids a room each [/quote]
No you don't get the funding for a 3 bed if you rent a 2 bed. If there's a separate lounge and dining room you may be able to, but the landlord would have to rent it to you as a 3 bed because the council ask to see your tenancy agreement.
The council are also able to lend you the deposit and your first months rent.

@happinessischocolate that's not correct, you get the LHA rate you are entitled to based on bedrooms required. And not all councils offer assistance automatically with rent / deposit, it depends if you meet the qualifying conditions

The answer is yes, you can claim uc whilst your house sells. Look into shared equity perhaps once it's sold, not sure exactly on the rules but my friend definitely gets uc towards the rent element. At 12 years old the court would consider your sons request to live with his day and it's likely to be granted unless there was mitigating factors even though he works full time because from when kids are 12 it's considered normal for them to go home alone but they would probably encourage 50/50 anyway.

As @dancemom says. On UC you get the LHA rate based on the bedrooms required. Housing benefit was based on actual bedrooms - but thats closed to virtually all new applications. Good point made by @movingonup20 - looked into shared ownership once your house sells!

@movingonup20 I doubt I'd be able to do that at all. I earn very little and wouldn't be able to afford repayments etc or any repairs on a property I owned. Shame though as I've been a home owner since I was 21, albeit through my husbands savings which allowed us to do so

the op isn't going to be claiming HB from the council though, it'll be UC from the government therefore it'll be government rules and not local council

If there is a child in the home still then UC would disregard it for as long as your ex partner is a lone parent.

Realistically how much would the proceeds be each after costs?

Look at your Councils allocation policy for housing. You might still be eligible to join the register if this proceeds are less than the threshold they set

www.entitledto.co.uk/help/Own-other-property

The shared ownership is where you’d be best putting your capital from sale of house. Just make sure you ring fence it in separate account and do not touch any of it until buying new house as otherwise it’s treated as normal capital.

On UC you get the LHA rate based on the bedrooms required. Housing benefit was based on actual bedrooms - but thats closed to virtually all new applications.

Ah that explains the difference, I was on hb when I moved. I assume that that also means then that you don't get penalised for having extra bedrooms on UC then.

@happinessischocolate yes you still get penalised for additional bedrooms on UC.

14% for one extra bedroom
25% for two or more extra bedrooms.